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Ramos v. Semple

United States District Court, D. Connecticut

June 10, 2019

JOSE RAMOS, Plaintiff,
v.
SCOTT SEMPLE, et al., Defendants.

          ORDER OF DISMISSAL

          VICTOR A. BOLDEN, UNITED STATES DISTRICT JUDGE

         Jose Ramos, proceeding pro se and currently incarcerated at MacDougall-Walker Correctional Institution in Suffield, Connecticut, has sued Department of Correction (“DOC”) Commissioner Scott Semple, Warden William Mulligan, and Correction Officer John Doe (collectively “Defendants”) in their official and individual capacities for damages and declaratory relief under 42 U.S.C. § 1983 against. Complaint, ECF No. 1 (“Compl.”).

         Mr. Ramos is suing the Defendants for allegedly retaliating against him and deprivation of due process by stealing items from his cell at MacDougall-Walker Correctional Institution. Id.

         On September 10, 2018, Magistrate Judge William I. Garfinkel granted Mr. Ramos's motion to proceed in forma pauperis. See Order, ECF No. 9.

         For the following reasons, the Court DISMISSES the Complaint for failure to state a plausible claim under 28 U.S.C. § 1915A.

         Mr. Ramos will have until August 2, 2019 to seek leave to amend his Complaint or the Court will direct the Clerk of the Court to close this case.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         A. Factual Allegations

         On June 8, 2018, correction officers allegedly entered the H-1 Unit of MacDougall- Walker Correctional Institution, removed all inmates in that unit from their cells and sent them to the gym while they performed a “shakedown” of the cells. Compl. at ¶ 1. During the shakedown, Mr. Ramos alleges that officers stole items his cell, including an extension cord and towel. Id. at ¶ 2.

         Later that day, Mr. Ramos spoke with Officer Perry and wrote to Captain Black about his missing property, but neither official provided him with any information. Id. at ¶ 3.

         On July 16, 2018, Mr. Ramos wrote to William Mulligan and Commissioner Semple about the issue. Id. at ¶ 4.

         On August 14, 2018, Mr. Mulligan replied to Mr. Ramos's letter and said that there was no shakedown of Mr. Ramos's cell on June 8 and that Ramos's property matrix did not show that he had an extension cord or towel in his cell. Id. at ¶ 5; Letter from Mulligan, Pl.'s Ex. 1, ECF No. 1, at 8. Mr. Mulligan also informed Mr. Ramos that future claims regarding lost property need to be addressed through the proper chain of command. Id.

         Mr. Ramos alleges that he asked that officers preserve camera footage of his housing unit to prove that there was a shakedown and that officers stole his property. Compl. at ¶ 7

         B. ...


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